Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with interest the adoption of the Ionising Radiations Regulations No. 3232 of 1999 (IRR 99), which replace the Ionising Radiations Regulations of 1985, except for the regulation 26 on special hazard assessments. It further notes with interest the code of practice designed to give guidance on the above Regulations, which has been approved by the Safety and Health Commission (HSC) with the consent of the Minister of State for the Environment, Transport and the Regions and came into force on 1 January 2000. In this respect, the Government indicates that the Approved Code of Practice (ACOP) has a special legal status and may be relied upon in a court of law. With regard to regulations on work with ionizing radiation in Northern Ireland, the Committee notes the Government’s indication that regulations equivalent to the Ionizing Radiations Regulations No. 3232 of 1999 are presently in preparation. The Committee hopes that the revision of the Regulations on Ionizing Radiations 273/1985 (Northern Ireland) will be accomplished in the near future in order to guarantee equivalent levels of protection in the whole country. It requests the Government to provide information, in its next report, of any progress achieved in this respect.

Article 7, paragraphs 1 and 2, of the Convention. The Committee notes that, by virtue of regulation 19, paragraph 2(c), in conjunction with its paragraph 3, young persons below the age of 18 years are precluded from employment for work involving harmful exposure to radiation, except where it is: (i) necessary for training; (ii) the young person will be supervised by a competent person; and (iii) any risk will be reduced to the lowest level that is reasonable and practicable. It further notes that Regulation 11, paragraph 1 of the IRR 99, in conjunction with paragraph 3, of Schedule 4, Part I, to Regulation 11, fixes the dose limits of exposure to ionizing radiations for trainees aged under 18 years at 6 mSv per year. However, with regard to possible exposure to ionizing radiations, the Committee recalls that Article 7 of the Convention distinguishes between young persons under the age of 18 years (Article 7, paragraph 1(b))and workers under the age of16 (Article 7, paragraph 2). According to Article 7, paragraph 1(b), of the Convention read in the light of the explanations given in paragraphs 4.1.5 and 4.3.1.(b) of the ILO code of practice on radiation protection of workers (ionizing radiation), the dose limit of exposure to ionizing radiations for young persons under 18 years of age is three-tenth of the dose limits established for radiation workers, thus 6 mSv per year. While Article 7, paragraph 2, of the Convention provides for a general interdiction to engage young persons under the age of 16 in work involving exposure to ionizing radiations, the above dose limit applies only to young persons between the age of 16 and 18. In its report, the Government indicates that the IRR 99 implements the European Directive 96/29/EURATOM concerning basic safety standards and provides a high level of protection for workers under 16 whilst allowing them to take part in approved work experiences schemes, which play an invaluable role in preparing young people for the world of work, and at the same time ensures that they are not able to work in industrial undertakings which would result in significant exposure to ionizing radiation. Furthermore, the Government believes that the protection provided by IRR 99 and MHSWR 99 is sufficient to provide adequate protection for young persons under the age of 16. The Government however recognizes that the actual legislation in force does not provide a complete interdiction to engage workers under the age of 16 in work involving ionizing radiations as required by the Convention. The Government will therefore reconsider its position and consult with the social partners on the question of a general interdiction. The Committee, taking due note of this information, urges the Government to take appropriate action, in consultation with the social partners, towards the incorporation of a general interdiction to engage workers under the age of 16 in radiation work into national legislation, in conformity with this Article of the Convention.

The Committee raises certain points in a request addressed directly to the Government.